§33-17A-4a. Alternative method for nonrenewal for property
insurance.
(a) On or after the first day of July, two thousand five, an
insurer may nonrenew a property insurance policy for any reason
that is consistent with its underwriting standards.

(b) Notwithstanding any other provisions in this section,
race, religion, nationality, ethnic group, age, sex, marital status
or other reason prohibited by the provisions of this chapter may
not be considered as a reason for nonrenewal.

(c) Notwithstanding the provisions of subsection (c), section
four of this article, a nonrenewal may only be issued pursuant to
the provisions of this section upon notice to the named insured at
least thirty days before the end of the policy period of the
insurer's election not to renew the policy.

(d) Commencing the first day of July, two thousand five, the
total number of nonrenewal notices issued by the insurer each year
pursuant to this section that result in nonrenewals may not exceed
one percent per year of the total number of the policies of the
insurer in force at the end of the previous calendar year in this
state: Provided, That the total number of such nonrenewal notices
issued each year to insureds within any given county in this state
that result in nonrenewals may not exceed one percent per year of
the total number of policies in force in that county at the end of
the previous calendar year: Provided, however, That an insurer may
nonrenew one policy per year in any county if the applicable percentage limitation results in less than one policy.

(e) A notice issued pursuant to this section shall state the
specific reason or reasons for refusal to renew and shall advise
the named insured that nonrenewal of the policy for any reason is
subject to a hearing and review as provided in section seven of
this article: Provided, That the hearing shall relate to whether
the nonrenewal of the policy was issued for a discriminatory
reason, was based upon inadequate notice, was based on an
underwriting standard found by the Commissioner to be in violation
of this chapter or causes the insurer to exceed the percentage
limitations, or percentage limitations by county, of nonrenewal
notices set forth in this section. The notice shall also advise
the insured of possible eligibility for coverage through the West
Virginia Essential Property Insurance Association.

(f) Each insurer licensed to write property insurance policies
in this state shall file with the Commissioner a copy of its
underwriting standards, including any amendments or supplements.
The Commissioner shall review and examine the underwriting
standards to ensure that they are consistent with generally
accepted underwriting principles. The underwriting standards filed
with the Commissioner shall be considered confidential by law and
privileged, are exempt from disclosure pursuant to chapter
twenty-nine-b of this code, are not open to public inspection, are
not subject to subpoena, are not subject to discovery or admissible
in evidence in any criminal, civil or administrative action and are not subject to production pursuant to court order. The
Commissioner may promulgate legislative rules pursuant to chapter
twenty-nine-a of this code to implement the provisions of this
section.

(g) Each insurer that has elected to issue nonrenewal notices
pursuant to the percentage limitations provided in this section
shall report to the Commissioner, on or before the thirtieth day of
September of each year, the total number of nonrenewal notices
issued in this state and in each county of this state for the
preceding year and the specific reason or reasons for the
nonrenewals by county.